Labels:book | reckoner | sky | tree | windowpane OCR: under the precursor to Section 505. Indeed, our know] ledge no judicial decision prior to 1976 had ever held that fees P[NO3 be awarded to prevailing defendant absent finding that the losing plaintiff had acted frivolously unreasonably. bad faith Because Congress can presumed have had know ledge of the interpretation given the incorporated a Lorillard. decision to reenact the fee- -shifting provision without change must understood IL incorporate precisely the standard adopted by the Ninth Circuit in this case in the absence of circumstances 'call[ing] for the penalization of the losing party Rose Connelly 38 F. Supp 54. (S.D. .N 1941} (awarding fees prevailing defendant where piagiarism claim was quite fantastic and where the two plays issue [ed] substantiaily all points of reader OI theat ...
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